In re D.S. CA2/7

INTRODUCTION

In this appeal, Timothy S. (Father)1 challenges the juvenile court’s jurisdictional findings that he sexually abused his sons’ half-sister and, as a result, placed his sons, D.S. and Dakota S., at substantial risk of sexual abuse. He also challenges the disposition order declaring his sons dependents of the juvenile court under Welfare and Institutions Code2 section 300, subdivisions (b) (failure to protect), (d) (sexual abuse), and (j) (abuse of sibling) based on his conduct. Father also contends the trial court erred in removing his sons from his custody, restricting his visitation with his sons, and releasing them into the custody of their mother, Suzanne D. (Mother).3 We affirm the court’s jurisdiction order. However, we remand to the juvenile court with directions to modify the first amended petition consistent with this opinion. We also conditionally reverse the disposition order and remand to the juvenile court to make findings under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA; Fam. Code, § 3400 et seq.) as to the home state of D.S. and Dakota and, if the court finds Florida is the home state, to immediately contact the Florida court to…